Clean Water Act Hazardous Substance Facility Response Plan Applicability

Facilities that could reasonably be expected to cause “substantial harm” to the environment by discharging Clean Water Act (CWA) hazardous substances into navigable waters or a conveyance to navigable waters are required to prepare and submit Facility Response Plans (FRPs) to EPA. Facilities may be identified as posing substantial harm either through a self-identification process or a process whereby EPA Regional Administrators may assess facilities on a case-by-case basis and, if appropriate, require a facility to develop a response plan based on, among other things, concerns related to potential impacts of a worst-case discharge on communities with environmental justice concerns.

The CWA hazardous substance FRP requirements apply to facilities that:

• Have a maximum onsite quantity of any CWA hazardous substance that meets or exceeds 1,000 times the Reportable Quantity (see 40 CFR 117.3); and
• Are within 0.5-mile of navigable water or a conveyance to navigable water; and 
• Meet one or more of the following substantial harm criteria: 
  • Ability to cause injury to fish, wildlife and sensitive environments.
  • Ability to adversely impact a public water system.
  • Ability to cause injury to public receptors.
  • Has had a reportable discharge of a CWA hazardous substance above the Reportable Quantity within the last five years that reached navigable water. 

Figure 1 provides a visual representation of the applicability criteria.